CFR > Title 20 - Employees' Benefits > CHAPTER III—SOCIAL SECURITY ADMINISTRATION > PART 410—FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, TITLE IV—BLACK LUNG BENEFITS (1969-) > SUBPART B—Requirements for Entitlement; Duration of Entitlement; Filing of Claims and Evidence (§410.200 to §410.250) > 410.212—Conditions of entitlement; child.

410.212—Conditions of entitlement; child.

(a) An individual is entitled to benefits if such individual:
(1) Is the child or stepchild (see § 410.330) of (i) a deceased miner (see § 410.110(j)) or (ii) of the widow of a miner who was entitled to benefits at the time of her death (see §§ 410.210 and 410.211 );
(2) Has filed a claim for benefits in accordance with the provisions of §§ 410.220 through 410.234;
(3) Meets the dependency requirements in § 410.370 ;
(4) If a child of a miner, the deceased miner:
(i) Was entitled to benefits at the time of his death; or
(ii) Died before January 1, 1974, and his death is determined to have been due to pneumoconiosis (see subpart D of this part), or
(iii) Died before January 1, 1974, and it is determined that at the time of his death he was totally disabled by pneumoconiosis (see subpart D of this part).
(b) A child is not entitled to benefits for any month for which a widow of a miner is entitled to benefits, except that (for purposes of entitlement of a child under this section) a widow is deemed not entitled to benefits in months for which she is not paid benefits because she is married (see § 410.211 ). Thus, a child may be entitled to benefits for months wherein such benefits are not payable to the widow because of marriage.

Code of Federal Regulations

[37 FR 20636, Sept. 30, 1972, as amended at 41 FR 4900, Feb. 3, 1976]